Employees Speech Rights

The Constitution grants individuals the freedom of free speech, but free speech is subject to restrictions in the workplace. Employees and employers need to be aware of the boundaries to stay on the right side of the law. Workplace free speech restriction occurs under three conditions: whistleblowing, controversial views expression, and technology-based communication. Although critics argue that such exemptions violate the First Amendment requirements, free speech restriction is crucial in the workplace.

According to Mathis et al. (2016), one of the situations that call for workplace free speech restriction is when employees express controversial views. The employer can restrict or sue an employee if the views hurt the company. For instance, a cigarette company cannot allow its employees to express anti-smoking advocacy. Besides, a union-free company cannot allow employees to wear merchandise promoting an employee union. However, while seeking a resolution to these issues, the employer must seek consensus instead of applying the law directly. Suing and sacking employees may cause high employee turnover.

Also, employee free speech is restricted when it comes to whistleblowing. Whether the reports made by an employer regarding their colleagues or employers are accurate or not, employers have a right to limit reporting (Nagele-Piazza, 2018). However, whistleblowing is a complex affair, especially when there are conflicting national interests. For instance, the dilemma will kick in if an employee reports their organization to the media for gender-based discrimination that does not affect them directly. Such speech has no specific protection in the Constitution.

In conclusion, free speech restriction in the workplace is crucial even though it contradicts some individual rights. Such limitation applies to issues that touch on the company and not public affairs. The First Amendment that protects free speech only applies to government employees and not private businesses.

References

Mathis, R. L., Jackson, J. H., Valentine, S. R., & Meglich, P. (2016). Human resource management. Cengage Learning.

Nagele-Piazza, L. (2018, July 23). What Employee Speech Is Protected in the Workplace? SHRM; SHRM. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employee-free-speech-in-the-workplace.aspx

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Employees Speech Rights

Discuss the following statement: Even though efforts to restrict employees’ free speech at work may be permissible, such actions raise troubling questions affecting individual rights.